AFSCME, AFL-CIO v. COMMONWEALTH

Nos. 2064 C.D. 1983, 2160 C.D. 1983 and 2133 C.D. 1983.

77 Pa.Commw. 37 (1983)

American Federation of State, County and Municipal Employees, AFL-CIO, by its Trustee Ad Litem, Edward J. Keller, Petitioner v. Commonwealth of Pennsylvania et al., Respondents. Dennis J. Solecki and Lea F. Barbush et al., Petitioners v. Commonwealth of Pennsylvania et al., Respondents. Joint Bargaining Committee of the Pennsylvania Social Services Union et al., Petitioners v. Commonwealth of Pennsylvania et al., Respondents.

Commonwealth Court of Pennsylvania.

September 2, 1983.


Attorney(s) appearing for the Case

Richard Kirschner, with him Lee W. Jackson and Stuart W. Davidson, Kirschner, Walters, Willig, Weinberg & Dempsey, for petitioners, American Federation of State, County and Municipal Employees et al. and Dennis J. Solecki and Lea F. Barbush et al.

Bruce M. Ludwig, Stephen A. Sheller & Associates, for petitioners, Joint Bargaining Committee of the Pennsylvania Social Services Union et al.

James J. Kutz, Deputy Attorney General, with him Allen C. Warshaw, Deputy Attorney General, Chief of Special Litigation, and LeRoy S. Zimmerman, Attorney General, for respondents.

Hearing held August 17, 1983, before President Judge CRUMLISH, JR.


MEMORANDUM OPINION BY PRESIDENT JUDGE CRUMLISH, JR., September 2, 1983:

The Petitioners in three consolidated cases1 seek to enjoin permanently the enforcement of Act No. 31 of 1983 (Act 31) which requires most Commonwealth employees, participants in the State Employees' Retirement System, to contribute an additional 1 1/4% of their salary to the State Employees' Retirement Fund (Fund). Before us are the Petitioners' applications for a...

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